Forecast

Schenectady cop's conviction tossed

Justices say not enough evidence was presented to support charges

By Paul Nelson
| on May 8, 2014

Photo: PAUL BUCKOWSKI

Image 1of/1

Caption

Close

Image 1 of 1

Schenectady Police Officer Sherri Barnes, who works in the department's Youth Aid Bureau, leaves Schenectady County Court during a break in jury selection on Tuesday, April 27, 2010. Barnes is standing trial on three counts of criminal diversion of prescriptions and one count of official misconduct. If convicted, she could face more than a year in jail. (Paul Buckowski / Times Union) less

Schenectady Police Officer Sherri Barnes, who works in the department's Youth Aid Bureau, leaves Schenectady County Court during a break in jury selection on Tuesday, April 27, 2010. Barnes is standing trial ... more

Photo: PAUL BUCKOWSKI

Schenectady cop's conviction tossed

1 / 1

Back to Gallery

Albany

A state appeals court has overturned two misdemeanor convictions of a retired Schenectady police investigator, ruling that there wasn't enough evidence to support the criminal charges.

In 2010, a Schenectady County jury found former Detective Sherri Barnes guilty of criminal diversion of a prescription medication and prescriptions as well as official misconduct. Barnes, who had retired a day before the verdict, could have faced a maximum of one year in jail on each count.

She was instead sentenced to probation for three years. Her husband, Donald, is still on the city police force.

Prosecutors had argued Sherri Barnes had a drug habit and once used her badge to get narcotics. They said the youth aid bureau detective continued to illegally obtain prescription drugs even after she was suspended in the wake of the investigation.

Jurors found that Barnes, now 47, gave her friend Susan Jewett cash, groceries and other items in exchange for Jewett's prescription drugs, including a muscle relaxant. Prosecutors said Barnes, while off-duty, flashed her police badge in a bid to get a pharmacist filling Jewett's prescriptions to expedite the process.

More Information

Barnes appealed.

"The evidence was not legally sufficient to support the criminal diversion charge," states Thursday's ruling from a panel of judges on the Appellate Division of state Supreme Court. The decision notes that several pharmacy employees testified at trial that the medication, Soma, was not considered a controlled substance, and while the record showed Jewett's prescription for the drug, there was no evidence that a prescription was required for a person to lawfully obtain it.

It's faulty logic to infer that a prescription is required if one was obtained for that medication, the justices wrote. "Some medications are available either with or without a prescription."

Since then, the state Legislature has reclassified Soma as a controlled substance, meaning that it cannot be purchased over the counter or without a prescription.

On the official misconduct conviction, the justices ruled that Barnes could have been identifying herself as a police officer and was not necessarily seeking a benefit or depriving another person of a benefit when she showed her badge to the pharmacist.

The justices also said that allowing jurors to hear evidence of prior uncharged crimes was enough to reverse Barnes' conviction.

Gerry Dwyer, counsel to the district attorney, said Thursday that the "Appellate Division has clarified for prosecutors when conduct of a police officer, while inappropriate, does not rise to criminal conduct as opposed to professional misconduct."

DerOhannesian said Thursday that the ruling was welcome news to Barnes.

"It's been a very long wait, she feels vindicated, she feels satisfied, and grateful to all the people who have supported her over the years," said DerOhannesian, adding that Barnes has served her probation.